31, 1944, and January 3, 1945, when it sank as a result thereof.
10. The respondent having failed and refused to raise and repair the lighters, libellants procured the raising and made temporary repairs at their own expense.
11. The cost of raising the 'Winchester' was $ 1,332.83, and the cost of raising the 'B. & O.' was $ 1,233.29.
12. The cost of the joint survey of the 'Winchester' was $ 125 and of the 'B. & O.' $ 85.
* * *
14. The libellants were required to render towage in the amount of $ 44 for the 'Winchester' and $ 84 for the 'B. & O.' or a total of $ 128.
15. The libellants were deprived of the services of the 'Winchester' by reason of the sinking, from December 31, 1944, to March 15, 1945, at a rate of $ 15.00 per day, or a total of $ 1110.00.
15(a). The libellants were deprived of the services of the 'B. & O.' by reason of the sinking, from January 4, 1945, to March 19, 1945, at a rate of $ 15 per day, or a total of $ 1,110.
16. The respondents had use of the 'Winchester' under the charter and prior to the sinking, for two days at the rate of $ 15 per day, or a total of $ 30; the 'B. & O.' for five days at the same rate, or a total of $ 75. Towage for the two lighters rendered by the libellants amounts to $ 44 for both.
17. The joint survey of the 'Winchester,' held on February 16, 1945, in which all the surveyors joined, and which included only such damage as caused, contributed to and resulted from the sinking of the 'Winchester' estimated the cost of repairs therefor at $ 4,680.
18. The joint survey of the 'B. & O.,' held on March 1, 1945, in which all surveyors joined, estimated the cost of repairs thereto at $ 3,889.
And I state the following
Conclusions of Law.
1. This court has jurisdiction over the parties and the subject matter.
2. The respondent obtained the lighters 'Winchester' and 'B. & O.' from the libellants under an oral demise agreement.
3. The respondent was a party to the charter, having acted as principal or as agent for an undisclosed principal.
4. Both lighters having been delivered in good condition and having been damaged during the charter period while in the possession and control of the respondent, respondent was obliged to go forward with evidence to show that its fault had no part in the accidents here in controversy.
5. The respondent failed to offer exculpatory evidence to overcome the presumption of negligence, and is therefore liable for the damages sustained by the libellants by reason of the capsizing and the sinking of the lighters 'Winchester' and 'B. & O.,' in the total amount of $ 13,693.12.
6. The respondent is also liable for charter hire and towage prior to the sending of the 'Winchester' in the amount of $ 52, and of the 'B. & O.' in the amount of $ 97 or a total of $ 149.
7. Libellants are entitled to a judgment in the total amount of $ 13,842.12 plus interest properly computed on each item.
An order may be entered in accordance herewith.